The new Capacity Act will not begin to take effect until the first quarter of 2027, the health minister has confirmed.
The act establishes a legal framework to safeguard the rights, dignity and wellbeing of individuals who may lack the capacity to make decisions for themselves.
Claire Christian said that a staged commencement package would be brought before the end of the current administration, with implementation starting from Q1 2027.
The 2023 Act is described by the minister as “a complex and cross-cutting piece of legislation, with important links to the Mental Health Act 1998 and existing safeguards for those who may lack capacity”.
An implementation plan was published in February 2025, but Ms Christian said “progress stalled due to resource pressures within the department”.
A multi-agency Steering Group was convened in October 2025 to support implementation and the minister said the Department of Health and Social Care “remains fully committed to bringing the Capacity Act 2023 into effect”.
Work is now focused on “finalising the statutory Code of Practice, supporting secondary legislation, and the practical arrangements needed for implementation, including workforce training, processes, and supporting systems”.